SRC-JEC H.B. 2381 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2381
77R8500 MCK-DBy: Thompson (West)
Jurisprudence
4/25/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, a trial or an appellate court is authorized to suspend a
judgment involving the parent-child relationship. Because there is no
express limitation, these provisions appear to authorize the suspension of
such a judgment even in a suit brought by the state or an authorized
political subdivision.  This situation can lead to questions regarding a
child's placement and protection in the event of a suspension.  As
proposed, H.B. 2381 prohibits a trial or an appellate court from suspending
a judgment that terminates the parent-child relationship in a suit brought
by the state or an authorized political subdivision of the state and
requires an appeal involving a termination of the parent-child relationship
to be accelerated. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 109.001, Family Code, by adding Subsection (d),
as follows: 

(d) Prohibits the court from suspending under this section the operation of
an order or judgment terminating the parent-child relationship in a suit
brought by the state or a political subdivision of the state permitted by
law to bring the suit. 

SECTION 2.  Amends Sections 109.002(a) and (c), Family Code, to require an
appeal in a suit in which termination of the parent-child relationship is
in issue to be accelerated by the appellate courts. Provides that the
procedures for an accelerated appeal under the Texas Rules of Appellate
Procedure apply to an appeal in which the termination of the parent-child
relationship is in issue.  Authorizes the appellate court, on a proper
showing, to permit the order to be suspended, unless the order provides for
the termination of the parent-child relationship in a suit brought by the
state or a political subdivision of the state permitted by law to bring the
suit. 

SECTION 3.   Effective date: September 1, 2001.
  Makes application of this Act prospective.